HC: Criminal Division (Uganda)

The Criminal Division is Responsible for hearing all serious criminal offences referred to it by the Magistrates' Courts. According to the Principal Judge's Circular, except for Commercial Court Judges who must attend to only Commercial Court cases, the rest of the Judges of the High Court who are based in Kampala are members of the Criminal Division irrespective of the other Divisions of the High Court that they belong to.

Each of the above judges is supposed to do, at least, one High Court Criminal Session in a year at Kampala

Physical address
High Court Building at Plot 2, the Square.
17 judgments
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17 judgments
Citation
Judgment date
November 2016
Criminal law
28 November 2016
Criminal law|Burden of Proof
18 November 2016
Criminal law
18 November 2016
Criminal law|Burden of Proof
18 November 2016
Late guilty pleas afford limited mitigation for aggravated robbery; each accused sentenced to 21 years with remand credit.
Criminal law – Aggravated robbery – use of deadly weapon and causing bodily harm – serious offence warranting deterrent sentence; Guilty plea – late (mid-trial) pleas afford limited mitigation where trial has substantially proceeded; Sentencing – mitigation: youth, first offender status, remorse, ill-health, remand credit; Remedy – custodial sentence imposed; compensation not ordered in sentencing statement.
15 November 2016
Criminal law
14 November 2016
Prosecution failed to prove aggravated robbery due to inconsistent evidence, unreliable witnesses, and identification weaknesses.
Criminal law – Aggravated robbery: elements (theft; violence; use/threat of deadly weapon; participation); burden of proof on prosecution; identification evidence; alibi; witness credibility; failure to exhibit weapons or recovered property.
14 November 2016
Criminal law|Evidence Law
14 November 2016
Criminal law|Evidence Law
11 November 2016
Bail denied for an accused committed for trial due to gravity of charge, victim vulnerability, and risk to prosecution integrity.
Criminal procedure – Bail pending trial – Accused committed for trial under Trial on Indictments Act – Exceptional circumstances and judicial discretion; balancing presumption of innocence with protection of a vulnerable child-victim and integrity of prosecution; ability to craft enforceable bail conditions; risk of absconding and interference with witnesses.
10 November 2016
Accused acquitted where prosecution failed to prove recent sexual act and accused's involvement beyond reasonable doubt.
Criminal law – Aggravated defilement – Elements: age of victim; occurrence of sexual act; identity of perpetrator – proof beyond reasonable doubt. Evidentiary issues – medical evidence vs complainant testimony; absence of recent clinical signs undermining allegation of recent sexual intercourse. Identification and credibility – inconsistencies in witness accounts and possible motive/grudge affecting credibility.
10 November 2016
Criminal law
10 November 2016
Criminal law|Evidence Law
10 November 2016
Medical incapacity during trial can justify an out‑of‑time appeal; impecuniosity without arguable grounds does not.
Criminal procedure — Extension of time to appeal under s.28(6) & s.31(1) — Good cause required — Impecuniosity alone insufficient — Medical incapacity and inability to present defence can constitute good cause where arguable grounds exist.
8 November 2016
Bail refused for accused of child murder in domestic context due to risk to victims, witnesses and inadequate sureties.
Bail — Murder — Domestic/family violence context — Discretion under Trial on Indictments Act — Exceptional circumstances required — Safety of victims and witnesses — Adequacy of sureties — Risk of interference and mob justice.
4 November 2016
Applicant failed to prove exceptional circumstances; domestic‑violence murder allegations and witness risk warranted denial of bail.
Criminal procedure – Bail – Indicted persons ordinarily require proof of "exceptional circumstances" to obtain bail under the Trial on Indictments Act; courts retain discretion. Evidence – Advanced age as exceptional circumstance requires independent corroboration where affidavit alone is insufficient. Domestic/family violence – Increased risk of interference with witnesses and danger to victims; courts must prioritize safety when considering bail. Sureties and conditions – Necessity that sureties be substantial and capable of guaranteeing compliance and protection of witnesses.
4 November 2016
An indicted person of advanced age may be granted bail where no real risk of absconding or interfering with the prosecution exists.
Criminal procedure – Bail for an indicted person – Exceptional circumstances (advanced age) – Risk of absconding or interfering with witnesses – Suitability and conditions of sureties and bonds.
1 November 2016